At a Glance
| Question | Answer | Details |
|---|---|---|
| Security deposit limit? | No statutory limit | No state law caps the amount |
| Rent control? | No | No statewide or local rent control |
| Required notice to raise rent? | 30 days | One rental period notice for month-to-month tenancies |
| Lease required in writing? | No | Oral leases are enforceable, but written leases are recommended |
| Landlord entry notice? | No statute | Reasonable notice implied by common law |
Security Deposits
West Virginia does not impose a statutory limit on the amount a landlord may charge as a security deposit. However, the state does regulate how deposits must be handled and returned.
Landlords must return the security deposit within 60 days of the termination of the tenancy and delivery of possession. The landlord must provide an itemized list of any deductions made from the deposit. If the landlord fails to return the deposit or provide an itemized list within the required time, the landlord may forfeit the right to withhold any portion of the deposit.
Eviction Procedures
West Virginia requires landlords to follow legal procedures to evict a tenant. Self-help evictions are prohibited under state law.
Notice Requirements
- Nonpayment of rent: Landlord may file for eviction immediately after providing notice that rent is overdue
- Lease violation: Landlord must provide notice of the breach; tenant may have an opportunity to cure depending on the nature of the violation
- 30-Day Notice: For no-cause termination of month-to-month tenancies
- Criminal activity or damage: Landlord may seek immediate eviction for illegal drug activity or substantial damage to the property
West Virginia's eviction process requires the landlord to file an action in magistrate court. The court will schedule a hearing, and only a court order can legally remove a tenant.
cite: W. Va. Code § 55-3A-1 et seq.
Rent Control
West Virginia does not have any form of rent control at the state or local level. Landlords are free to set and increase rent at any amount, subject only to the notice requirements for month-to-month tenancies.
For month-to-month tenancies, landlords must generally provide at least one rental period's notice (typically 30 days) before a rent increase takes effect. For fixed-term leases, rent cannot be increased during the lease term unless the lease specifically allows it.
Lease Agreements
West Virginia does not require leases to be in writing. Oral agreements are enforceable, though written leases are strongly recommended to avoid disputes. Leases for more than one year must be in writing under the Statute of Frauds.
Required Disclosures
West Virginia landlords must provide the following disclosures:
- Lead-based paint (pre-1978 properties, required by federal law)
- Landlord identity: Name and address of the person authorized to manage the property and receive notices
- Known defects: Disclosure of any known material defects in the property that could affect habitability
cite: W. Va. Code § 37-6A-1 et seq.
Tenant Rights
West Virginia provides the following protections for tenants:
- Habitability: Landlords must maintain rental units in a fit and habitable condition, including working plumbing, heating, electricity, and structural integrity
- Retaliation protection: Landlords cannot retaliate against tenants for exercising their legal rights, such as reporting code violations or requesting repairs
- Discrimination protection: The West Virginia Fair Housing Act prohibits housing discrimination based on race, color, religion, national origin, sex, disability, and familial status
- Right to privacy: Although no specific statute defines entry notice requirements, landlords are expected to provide reasonable notice before entering a tenant's unit, except in emergencies
- Security deposit protections: Tenants have the right to receive an itemized list of deductions and the return of their deposit within 60 days